Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: MARSHA RIEFS
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Oct. 28, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 3, 2008.
Latest Update: Nov. 17, 2024
oKs4oTP Le
STATE OF FLORIDA
EDUCATION PRAGHICES-COMMISSION
DR. ERIC J. SMITH, as 208 CCr 28 ATE 21
Commissioner of Education, DIVISIGN OF
i CMHUSTRATIVE
Petitioner, HEARINGS
vs. CASE NO. 067-3871-A
MARSBHA RIEFS, .
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
_ Complaint against MARSHA RIEFS. The Petitioner seeks the appropriate disciplinary sanction of
the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, Florida
Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional
Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections
1012.795(1) and 1012.796(7), Florida Statutes.
The Petitioner alleges:
JURISDICTION
1. The Respondent holds Florida Educator’s Certificate 280377, covering the areas of
Health Education, Guidance and Counseling, Physical Education, and Middle Grades, which is valid
through June 30, 2010.
2. Atall times pertinent hereto, the Respondent was employed as a Guidance Counselor
and Exceptional Student Education Coordinator at Rickards Middle School in the Broward County
School District.
MATERIAL ALLEGATIONS
3. In or around October 2006, the Respondent falsified student records by fabricating
English language proficiency test booklets, test dates, and test scores for multiple students enrolled
in the English for Speakers of Other Languages (ESOL) program.
4. In or around October 2006, the Respondent submitted false information relating to
criteria for students’ exit from the ESOL program for entry into the school’s student record database.
_MARSHA RIEFS
Administrative Complaint
Page 2 of 3
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes,
in that Respondent has been guilty of gross immorality or an act involving moral turpitude.
COUNT 2: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes,
in that Respondent has been found guilty of personal conduct which seriously reduces her
effectiveness as an employee of the school board.
COUNT3: The Respondentis in violation of Section 1012.795(DW), Florida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education rules.
RULE VIOLATIONS
COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all
professional dealings.
COUNTS: TheRespondentis in violation of Rule 6B.1006(5)(h), Florida Administrative
Code, in that Respondent has submitted fraudulent information on a document in connection with
professional activities.
(SIGNATURE ON FOLLOWING PAGE)
eo @
MARSHA RIEFS
Administrative Complaint
Page 3 of 3
WHEREFORE, based on the reasons set forth herein and in accordance with the
Explanation of Rights and Election of Rights forms attached to and made a part of this
Administrative Complaint, Petitioner respectfully recommends that the Education Practices
Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant
to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions
imposed by the Education Practices Commission may include, but are not limited to, any one or a
combination of the following: issuing the Respondent a written reprimand; placing the Respondent
on probation for any period of time; restricting the Respondent’s authorized scope of practice;
assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery
Network Program; suspending the Respondent’s educator’s certificate for 2 period of time not to
exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10
years or permanently; or barring the Respondent from reapplying for an educator’s certificate for
a period of time up to 10 years or permanently.
EXECUTED on this ZU aay of Dune , 2008.
Commissioner of Education
State of Florida
Docket for Case No: 08-005407PL
Issue Date |
Proceedings |
Dec. 04, 2008 |
Notice of Cancellation of Deposition filed.
|
Dec. 03, 2008 |
Order Closing File. CASE CLOSED.
|
Dec. 03, 2008 |
Motion to Relinquish Jurisdiction filed.
|
Nov. 21, 2008 |
Notice of Taking Depositions (2) filed.
|
Nov. 14, 2008 |
Re-Notice of Taking Depositions filed.
|
Nov. 10, 2008 |
Notice of Service of Petitioner`s Request for Production to Respondent filed.
|
Nov. 10, 2008 |
Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
|
Nov. 10, 2008 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
|
Nov. 07, 2008 |
Notice of Taking Depositions filed.
|
Nov. 06, 2008 |
Order Directing Filing of Exhibits.
|
Nov. 06, 2008 |
Order of Pre-hearing Instructions.
|
Nov. 06, 2008 |
Notice of Hearing by Video Teleconference (hearing set for January 8 and 9, 2009; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Nov. 04, 2008 |
Unilateral Response to Initial Order filed.
|
Oct. 28, 2008 |
Initial Order.
|
Oct. 28, 2008 |
Election of Rights filed.
|
Oct. 28, 2008 |
Administrative Complaint filed.
|
Oct. 28, 2008 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Oct. 28, 2008 |
Agency referral filed.
|